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Sgt Pepper
Yahoo User
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 Posted: Mon Jul 02, 2007 12:12 pm Post subject: |
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| The proper question is why shouldn't he be entitled to half the value? You gave us insufficient information to say.That said, the length of the marriage is of no consequence, nor that it was a gift to the couple or that his name is on the deed. |
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shayhi
Yahoo User
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| Posted: Mon Jul 02, 2007 12:13 pm Post subject: |
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| HELLLOOOOO ANY ONE HOMEYES......THIS NOT HARD..SOUND LIKE HE STILL WANT CONNECTION WITH HIS EX THEN.......GET THE MONEY AND RUNNNN |
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bootsontheroad
Yahoo User
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| Posted: Mon Jul 02, 2007 12:13 pm Post subject: |
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| His name is on the deed, that is all it takes. It is considered a joint asset and he is entitled to half. |
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amazingly intelligent
Yahoo User
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| Posted: Mon Jul 02, 2007 12:14 pm Post subject: |
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| A gift is a gift. Sure the house was intended for both their use in a marriage that was to last until death did them part, however, one cannot determine the use of a gift after it is given. He is entittled to his share. Nothing unethical about that. Just disappointing for her and her family I'm sure. That's life. He should sort this out with a lawyer. |
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gabcasta
Yahoo User
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| Posted: Mon Jul 02, 2007 12:14 pm Post subject: |
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| Laws are different state to state.call a few lawyers and ask the same question.** If the house is NOT in either's name then neither would get any thing.if they are already divorced then it's over, what's done is done, nothing can be said any more.if the house is in either spouces name then YES they can have half. |
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Brandy
Yahoo User
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| Posted: Mon Jul 02, 2007 12:15 pm Post subject: |
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| If they have children, he should move out and let the kids live there with their mother. If they are single, they should sell it and both take half the proceeds and move on. |
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kim t
Yahoo User
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| Posted: Mon Jul 02, 2007 12:15 pm Post subject: |
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| Make a list of what you want and he should do this same, I just went through this after 30 years of marriage. I feel for you, this is a hard thing to do. |
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Shanesgrl
Yahoo User
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| Posted: Mon Jul 02, 2007 12:16 pm Post subject: |
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| I would say half of that house belongs to him, especially if he's been making payments and all on it. A problem in today's society, I think, is women want to be equal when it comes to everything but this. Equal wages, equal respect . .blah,blah,blah. Until, it's time to get divorced. Then they start playing the poor, pitiful me card 'Where will I live? Who will take care of me? . . . '. It's disgusting that a man should work hard and long for what he has and be expected to turn everything over to a woman if they go their seperate ways. It's not fair or right and I'd say he's entitled to at least his half. |
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comfotable!GREENLIGHT. QL
Yahoo User
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| Posted: Mon Jul 02, 2007 12:18 pm Post subject: |
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| take what belongs to him. calculate the capitals he puts in for those 7 years. The rest let the wife has it, so when he goes on with his life the other inlaws will not have anything to say against him. QLKM!!!!!!!!!!! |
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Spiral Wizard
Yahoo User
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| Posted: Mon Jul 02, 2007 12:18 pm Post subject: |
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| It's just as much his as hers. I don't know how it ws given to them if they are paying the mortage, but regardless. It was given to THEM. THEY own it. They should split any proceeds of selling it. If they were forced to sell it because of the divorce and they lost money, he would have to pay half of the expenses.He deserves half the money. If he doesn't want it then he should take it and donate it to a cause or put it in a nest egg for when he retires. |
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historybuff33
Yahoo User
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| Posted: Mon Jul 02, 2007 12:18 pm Post subject: |
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| A gift is a gift. If it was given "to both" of them (as you say), then it belongs to both of them. By the way, if the house was a gift, then why has he been paying on it for 7 years? I'm assuming the down payment was a gift. In any case, half of the equity belongs to him and half of the equity belongs to her. There is no other way to make it fair. If they don't like the financial implications of getting a divorce, they could always stay married. Marriage counseling costs much less than $300K! |
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cajun_queen_1970
Yahoo User
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| Posted: Mon Jul 02, 2007 12:22 pm Post subject: |
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| Absolutely YES!!! Your friend needs to check with the company that is holding the mortgage to see if he can force a sell of the house and get 1/2 of the monies after the mortgage company is paid off. Some states will not allow spouses to sell in the event of a divorce because neither party actually owns the house the mortgage company does. If his state does not allow such sells then legally he can still live in the house and she can not make him move out but if that should be the case then he needs it listed in the divorce papers that she will be responsible for 1/2 of their incurred debt while married. If he chooses not to stay in the house and let her take it over then he needs to go to the mortgage company and request that his name be removed from the mortgage and that she will be solely responsible for the remaining debt starting on a certain date. |
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April D.
Yahoo User
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| Posted: Mon Jul 02, 2007 12:22 pm Post subject: |
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| Most definitly, it was a gift and therefor he is entitled to half of it. Speaking from experience I let my ex have our home and I should have never done that, it has screwed with my credit ever since. Had I to do it over again I would sell the home and split the money. |
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